Qualities Criminal Defense Lawyer

Should You Go to Trail or Take a Plea Deal?

combschris1 · April 25, 2019 ·

Intro

If you are charged with a criminal offense you may be faced with a difficult decision: should you agree to the prosecution’s plea bargain before your case goes to trial, or should you wait for the trail to be given your sentence? The answer isn’t always simple and straightforward, so to help you make the right decision if this situation arises for you, this article will guide you through all the pros and cons of each option and anything else you need to know in order to make an informed decision.

A criminal defense attorney will be able to advise you on your case, and if you are in need of immediate advice you can talk to us ASAP by clicking here, or calling us at 314-578-1465. Ultimately you are the person who has control over the final decision.

What is a Plea Deal?

A plea deal, or bargain, is when a prosecutor offers the defendant an opportunity to plead guilty and receive a certain, and often lesser, charge and/or sentence. If you are offered a plea bargain, you (the defendant) are entitled to know all the alternatives and, as far as your criminal defense lawyer [link: combslawstl.com] can predict, the consequences of each option.

Here’s an example of what a plea bargain may look like: a defendant is charged with assault with a deadly weapon. Their attorney receives the plea bargain and tells the defendant that the prosecutor is willing to accept a guilty plea to reduce the charge to simple assault and will recommend a sentence of six months incarceration and a $500 fine. It will be then up to the defendant to reach a decision on whether or not to take the deal with their attorney’s advice.

What Are the Different Kinds of Plea Bargain?

There are three different kinds of plea bargain, and a fact bargain:

Sentence Bargain

A sentence bargain is when the defendant enters a plea of guilty in return for a lesser sentence. For example, 12 months incarceration instead of 24 months. This is sometimes combined with a charge bargain.

Charge Bargain

A charge bargain is when the defendant enters a plea of guilty in return for a lesser charge. For example, simple assault instead of assault with a deadly weapon. This is often combined with a sentence bargain since lesser charges come with lesser sentences.

Count Bargain

A count bargain is when the defendant enters a plea of guilty in return for a reduced count. For example, instead of being guilty of three counts of assault, you agree to reduce it to one for the lesser sentencing one count brings, and the prosecution drops the remaining charges.

Fact Bargain (not a plea deal)

A fact bargain is not a plea deal and is not often used. It is when the defendant admits to certain facts in a case instead of the prosecutor having to prove them at trial in return for agreeing not to introduce other facts at trial. In this bargain, the case goes to trial.

Whatever the bargain, a judge must approve and accept it.

Who Helps Me Make the Deal?

If you hire a private criminal defense attorney they will manage the deal for you, or you can have a public defender guide you through the deal. A private attorney will be more invested in your case, know more about it, and will be able to talk with you at length about the advantages and disadvantages of your agreeing to the deal (or not). Remember that your attorney or defender has a huge amount of experience and have seen a wide range of cases and their outcomes, so their advice is worth your consideration, even if it doesn’t go with your instincts.

Pros of Taking a Plea Deal

Prosecution Has Already Considered the Case

A prosecutor doesn’t offer a plea bargain unless they have carefully studied the case, gathered all the evidence they believe they need, spoken with witnesses and victims, and considered a fair sentence. This means if you believe you will be found guilty, that a plea deal may offer you a better sentence than you’ll get if you go to trial.

You Can (Almost) Guarantee Your Sentence

Agreeing to a plea bargain is the only way to have any degree of control over your sentencing. You will have the chance to think over the offer and whether to agree to it. If you do, the only hurdle remaining is the judge, who must agree to the terms of the agreement. If you don’t take the plea bargain, you’ll be at the mercy of the judge and jury.

Saves Time

Often, you’ll have to wait a year or more before your case can go to trial, which means you and your family must live in a state of limbo until you receive your sentence or are found not guilty. If you agree to a plea deal you won’t have to wait, and you’ll be able to move on with your life as soon as possible. It also saves the time of the judge and jury who would have to see your case.

Saves Money

From the state’s point of view, cases that agree to a plea deal outside of the courtroom help save them a huge amount of money, and so judges are more inclined to agree with the prosecution’s recommendation of the lesser charge and/or sentence.

You will also save money if you are paying for your own criminal defense attorney as they won’t have to spend the time putting your case together for trial.

Avoid Unwanted Publicity

Trials are extremely public and can gain a lot of media attention that may make it difficult for you and your family to return to normal life after the trial.

Often a Lesser Charge or Sentence

If you are offered a plea deal it is nearly always a lesser charge and/or sentence than you would receive at trial.

Cons of Taking a Plea Deal

Waive Your Right to Appeal

If you agree to a plea deal you must also surrender your right to file an appeal on the conviction later down the line, unless a specified doctrine is drawn up outlining the legal parameters and agreed on by both parties.

You Will Be Charged

If you hope to be found not guilty or acquitted of the crime, you must go to trial. If you agree to a plea deal you will voluntarily plea guilty and receive the agreed-upon charges and sentence, and it will be on your criminal record, even if you are innocent.

Minimum Sentence

In many areas and cases, there will be a minimum sentence you have to receive that the prosecutor will not be able to reduce, even if they wanted to.

The Judge Has Control

Regardless of your deal, the judge will still ultimately have control and can reject the deal if they don’t agree with it, and will impose a longer sentence.

Pros of Going to Trial

You May Be Found Not Guilty

If you go to trial and the prosecution cannot prove, beyond a reasonable doubt, that you committed the crime, you may be found not guilty or even acquitted of the crime. You can only be found not guilty by going to trial. If you are innocent or believe the evidence against you is limited, you may choose to go to trial to try and avoid the charges.

You Have More Time

If you aren’t in jail awaiting your sentencing, you will have more time to spend with your family, to get your affairs in order, and to work with your criminal defense attorney to put together your defense before the trial. If you are serving time while you wait, you may have already served the sentence by your trial and be released immediately.

Benefits of the US Constitution

If you refuse the deal and go to trial you will receive all the benefits of the US Constitution, meaning you must be presumed innocent until proven guilty. The prosecutor must gather together their case to prove each element of the crime beyond a reasonable doubt. You also may benefit as any mistake the prosecution makes may cause the evidence to be suppressed.

Cons of Going to Trial

You May Receive Harsher Sentence

If you reject a plea deal there will be no guarantee that the prosecution will seek the same sentence at the trial, and the judge may decide to impose a harsher sentence, even if the prosecution seek the same sentence. At trial, the judge will be able to give you the maximum penalty and sentence.

It Gives the Prosecution More Time

Just as going to trial can give you more time to put your defense together, it also gives the prosecution time to put their case together. If you have been offered a plea deal, you can often assume they have gathered the most amount of evidence they believe they can get, but there is the chance that they’ll persuade a new witness to testify or will use the setting to amplify the case and seek a harsher sentence.

Juries (and Judges) Are Unpredictable

By design, juries are unpredictable. Judges and juries are human, and they can be swayed by the way information is given to them, by performances by the witnesses and victims, and by things going on outside of the courtroom. Once you go to trial you will have no control over the sentence you receive, other than by your behavior in the courtroom, and they will have control over your future.

Trials are Public

Trials are often public affairs and you and your family will be under constant scrutiny in the lead up to your trial, during it, and for some time after it.

What Happens When You Take a Plea Deal?

A plea bargain can take place at virtually any time during the process. The prosecution will approach your attorney with the deal and once you agree to it, they will put it forward to the judge for it to be agreed upon. Your sentencing will be arranged quickly so you can serve your time or pay your fine.

What Happens If I Reject the Deal?

If you reject the plea deal and choose to go forward with your trial, you will have to wait for your trial date before your case can be seen, which can take a year or longer. Once your trial begins, you will be at the mercy of the judge. The prosecution will put their case forward, your criminal defense attorney [link: combslawstl.com] will put forward your defense, and the judge and jury will come to a decision. If your sentencing includes incarceration you will be taken into custody to start your sentence.

What Happens if Me and My Criminal Defense Attorney Don’t Agree?

If, for any reason, you and your criminal defense lawyer can’t agree on the best strategy for you, you ultimately have the final say and your representative must carry out your decision. However, if your criminal defense attorneys feel strongly, they may ask the judge to let them withdraw from the case, or you can ask for a new attorney. Always ask them for the reason they are advising you the way they are before you make your final decision. This isn’t a common occurrence for defendants who met with and chose their attorneys personally, instead of being assigned a public defender

What Option is Best for You?

What option is best for you will depend entirely on your individual case, the charge, the evidence, and witnesses who can place you as the perpetrator, and your other circumstances. You and your criminal defense lawyers should discuss your options and the likely outcomes to come to a decision you can feel good about. You should make sure you ask your attorney:

If there is any chance of a better deal if you wait until closer to the trial
What sentence you are likely to receive if you go to trial and are convicted
The maximum sentence you may receive
If the trial could turn out in your favor

Your attorney should also be able to provide you with “insider” advice about the assigned judge and what decision they are likely to make on your case based on others they’ve preceded over in the past.

If you believe you will be found guilty, or if there is irrefutable evidence against you, often a plea deal will offer you the best terms for your charge. However, if you are seeking acquittal of the crime, you must go to trial.

Need Advice?

If you or someone you love has been charged with a crime, you need someone in your corner fighting for your rights and preparing a strong defense. We at Combs Law Group, based in St. Louis, Missouri [link: combslaw.wpengine.com/st-louis-criminal-defense-attorney], we get to work on your case immediately. We offer free consultations, are available 24 hours a day, and will be by your side all the way through your case. If you need a criminal defense attorney in St. Louis we can be there to advise you from the moment of your arrest. You can either fill out a contact form on this page or you can call 314-578-1465.

When Should I Hire A Criminal Defense Lawyer?

combschris1 · April 14, 2019 ·

Everyone at some point in their lives has a run-in with the law. It might be a simple traffic ticket or possibly a more serious charge, but nonetheless, you’re facing charges that you have to deal with in court. When that happens the obvious question that comes to mind is “Should I hire a criminal defense lawyer to help me fight these charges?” This is a crucial step in most criminal defense cases and it shouldn’t be taken lightly. Because the answer to that question might be the difference in whether you go to jail or not, or whether you pay higher court costs and fines or not. In fact, we would argue that the decision to hire a criminal defense lawyer might be one of the most important decisions you make in your life, especially if you’re facing serious charges. For simple traffic tickets, a lawyer can help you by avoiding points on your license and ultimately higher insurance costs in the future.

But why is this the case? Well, it’s no secret that the entire US legal system is designed around a unique and somewhat complex legal process. What’s great about our country is that as a defendant you have rights and more specifically the right to “procedural due process”. This is protected under the 14th amendment in the Constitution, and it typically refers to the following 10 principals that are required for “judicial fairness” in your case:

An unbiased tribunal.
Notice of the proposed action and the grounds asserted for it.
The opportunity to present reasons for the proposed action not to be taken.
The right to present evidence, including the right to call witnesses.
The right to know the opposing evidence.
The right to cross-examine adverse witnesses.
A decision based only on the evidence presented.
Opportunity to be represented by counsel.
The tribunal to prepare a record of the evidence presented.
The tribunal to prepare written findings of fact and the reasons for its decision.

Number 8 in that list says you have the “opportunity” to be represented by counsel, and that’s an opportunity you don’t want to pass up. Good counsel can help you navigate the legal process and more importantly help you to understand your rights and protections under the law. And there are other benefits to hiring your own criminal defense attorney. We’ve compiled a list of 5 reasons why hiring a lawyer is in your best interest. Here’s the list

Legal Strategy – A legal strategy is a crucial component in a criminal defense case. To get from point A to point B a good criminal defense attorney will assess all the components of the case and create a strategy that produces the outcomes you expect at the end of the case. That includes evaluating all the evidence the prosecutor has, where the case is being processed, the defendant’s criminal history, and other variables like the judges and the prosecutors. A good legal strategy can make a big difference in any case.
Legal Knowledge – A good criminal lawyer knows the law inside and out. They have the experience and education that allows them to find loopholes or opportunities in the law that could help you in your case. They know how the courts work and how to make the legal process work for you. They know the prosecutors and the judges well and know how to communicate and negotiate on your behalf. Going into court on your own is a bad idea because you’ll get lost in the procedural aspects of most courthouses.
Minimizing Your Fines and Punishment – Most cases end when the prosecutors offer a plea deal and that typically includes fines and punishment. Having a criminal defense lawyer on your side will help with negotiating the terms of your plea arrangement. Most prosecutors are willing to listen to another lawyer about your case and work with that lawyer on a fair set of terms to your deal. Without one, you will likely get the standard set of fines and jail time and is most cases the fines are heavy and jail time is long.
Protection From Law Enforcement – Are the police harassing you constantly? Are they asking questions that you don’t want to answer? A criminal defense attorney can help you deal with cops that are trying to jam you up. Having this barrier can sometimes help you avoid incriminating yourself on another charge. You might think that by answering the questions you will get some leniency on the charges your facing, but that’s not always the case.
Access To Resources and Information – Criminal lawyers know where to go to get the necessary information or resources to successfully defend you in a criminal case. Some cases might require a private investigator or expert witnesses. Other cases might just require access to the police report and witness statements filed in your case. Lawyers have the ability to find the information or the resources and put them to work for you.

So that’s the list of 5 reasons or benefits to hiring a good criminal defense lawyer. Think about these benefits when you’re considering whether to hire a lawyer or not.

The Public Defender Option

Some of you with more serious crimes that are not being filed in municipal courts, but instead being filed in state court will have the option to apply for a public defender. One big myth about public defenders is that they are free. In Missouri, you have to reimburse the public defender that’s assigned to your case and fees are based on a fee schedule that can be found here. You also have to apply for a public defender and there is no guarantee that you will be accepted. It’s typically based on your income and your current living standard. If you are wealthy or even have a moderate income you may as well forget about it. If you’re homeless and have no money then the public defender may be a good option for you.

Quite frankly, unless you are homeless and have no money, a Public Defender is a bad option for you anyways. Public Defenders are overworked and underpaid, and the result is that they don’t put everything they have into the cases they fight. It’s not that they are bad lawyers, because some of them can provide good counsel to a defendant. The issue is that you’re just a number to them and ultimately they aren’t invested in your particular situation. Whereas a hired criminal defense lawyer is concerned about client satisfaction and will go the extra mile for you.

Conclusions

Hopefully, by now you’re seeing the benefits that come with hiring a good criminal defense lawyer. The keyword being “good”. Yes, hiring a criminal defense lawyer is the best option for you when fighting your charges, but hiring just any lawyer isn’t the right thing to do either. You have to take some time to interview several lawyers that have good reputations in the St. Louis area. You can check out their reviews on Google, Yelp, or Facebook to see what others are saying about their experiences with the firms on your shortlist.

Don’t make the mistake of going the cheap route because ultimately you will get what you paid for. But also don’t think that by overpaying for a lawyer you will be able to buy your way out trouble. Be realistic about your expectations and communicate them to the lawyers during the interview process. Then let them provide you with some details about whether those outcomes are possible and how they plan on attaining them. Don’t walk away from a lawyer who doesn’t sugar coat everything for you. You may want to hear that everything is going to okay, but in some cases, it might not be. A good criminal defense lawyer will provide you with their honest assessment of your case and what they think they can do to help you. If a lawyer comes out right away and claims that they can get you out of trouble and all you have to do is pay them “X” amount, you should probably get up and walk out right away. What you will want is a lawyer who will temper the expectations, and ultimately over deliver at the end of it all. Finally, write down a set of criteria that need to be met and look for those specific criteria when interviewing lawyers.

Combs Law Group welcomes you to call us today for a free consultation on your case. We look forward to your call and we’re willing to answer any questions you have about how we work with your clients. Call us today at 314-578-1465 or fill out a contact form and we’ll get back to you within a few hours.

10 Things You Should Look For in a Criminal Defense Attorney

combschris1 · December 7, 2018 ·

When you’re in need of a criminal defense lawyer, something’s gone wrong, and you’re in a position where your liberty, employment and career, family and financial future is in jeopardy. You can’t afford to choose the wrong attorney – you need someone you can trust with your life.

That’s why it’s absolutely vital you find the right criminal defense lawyer for you, your case and your budget as soon as possible. When you set out to find yourself a criminal defense lawyer, you likely don’t know where to start, let alone manage the new stresses in your life. The sooner you find the right attorney for you, the better. Here are the top ten qualities your criminal defense lawyer must have, and if you’re in the St. Louis Metro area, be sure to find out more about how Chris Combs and Combs Law Group can help with your case.

Passion – you want a lawyer who is passionate about what they do for their clients, for their community, and law. Chris Combs has dedicated much of his life to learning everything he can about practicing law, spent his years studying law and the beginning of his career in St. Louis and was born and bred here, ensuring he is in the best position possible to advocate for his clients. The attorney you choose to represent you should display the same passion and dedication for what they do.

Next, ensure they specialize in the area of law for your case. You can choose a lawyer who is a jack-of-all-trades, however, your case will go more smoothly (and will be more successful) if you choose an attorney with years of experience with cases like yours. Combs Law Group has a range of specialties; including traffic offenses, drug possession charges, violent and theft-related crimes. Ask your potential attorney what they have the most experience in and what similar cases they’ve represented.

Experienced – everyone has to start somewhere but choosing a criminal lawyer with years of experience under his or her belt is going to offer you peace of mind and the best chance of success. Most great lawyers start at a larger firm before branching out on their own, so choose an attorney who is open about their background and has a history practicing in your local area or in the area of law you require.

Respected in the local community – No attorney who tries to tell you they can get you off because they’re friends with the judge or law enforcement is to be trusted, however, choosing a firm who is well established and has developed relationships in the local area through longevity and experience is going to help your case move more smoothly. Chris Combs has been practicing law in the St. Louis area for over five years and has developed long-standing relationships with the local police, judges, and prosecutors.

Personalized attention: will you be a priority? This is a vital question to have answered; you don’t want to be a name or number on a list or handed off to paralegals without your knowledge. You need your case to be taken seriously and feel reassured and supported, that’s why we offer all of our clients personalized attention, and you should ensure that your criminal defense attorney or firm does the same. For us, client satisfaction is paramount, and you should look for an attorney or firm who can do the same for you if you aren’t in the St. Louis area.

Relatable – you need your attorney to be a human you relate to, who knows how to speak plainly, and whom you believe has a similar moral compass. When you meet or speak to them for the first time, how do they speak and act toward you? Do they confuse you with jargon, speak down to you, or put you at ease immediately? Use your intuition and go with your gut. If someone makes you feel stupid or uncomfortable look somewhere else.

Around the clock support – If you’ve sought the help of a criminal defense attorney it’s clear you need someone in your corner, especially if there’s a sudden change in your circumstances or a development in your case. If you need your lawyer at midnight, you need them then, not at noon the next day when they are ready to hear from you. All our clients have 24/7 access to their attorney, so they are never left alone and can rest assured that should they need someone to fight for them, their attorney will be there as soon as possible.

They have happy and grateful past clients. You look up the reviews of a restaurant before you go and looking for a defense attorney should be no different. Any good attorney will have past clients championing them and the work they’ve done. These are the people you should listen to and who are going to give you the true pros and cons of working with that attorney or law firm. Combs Law Group has a phenomenal track record of happy customers, and only one Google review below 5 stars – and that’s a 4 star with no complaints! That’s the kind of professionalism and performance history you want in your corner. Never settle for a second-rate attorney; remember this is your future on the line.

Upfront and open about fees. You should maximize your budget for the best lawyers you can get. This is not an area to save money in your life, and you should absolutely get the most experienced and successful lawyer you can, however, ensure you are charged fairly. We offer free case evaluations and charge you by case complexity and an agreed upon legal strategy. Your chosen attorney should be open and upfront, and you should walk away from anyone who ‘guarantees’ to win your case. It violates code, and there’s a difference between confidence and truly believing they can win your case and guaranteeing you a win.

Finally, choose a winner. You don’t back sports teams on a losing streak, so don’t hire an attorney who doesn’t have a backlog of successful cases they can show you. Your lawyer should love to win, be an aggressive advocate for their clients, and have a list of successful cases like yours that they can show you. The knowledge that your attorney has won cases similar to yours will help you stay a little cooler should your case go to trial. Chris Combs and Combs Law Group has a long history of successful outcomes and results, so our clients can rest assured knowing they hired the best people for their defense who will aggressively advocate for them throughout their case.

If you’re looking for a criminal defense attorney in St. Louis, with all the qualities listed above, contact Chris Combs and the Combs Law Group for a free consultation. We’ve restored the lives of hard-working people; from other lawyers to blue-collar workers. We cover the entire St. Louis Metro area and are dedicated to fighting for your future.